05/26/1987 - Specialv:-
Proceedings of the Special Civil Service Board Meeting of May 26, 1987.
Present Dr. Joseph Carwise, Chairman
Tom Chenoweth, Member
David Keyser, Member
Johnnie Williams, Member
Syd Snair, -Member
H. Michael Laursen, Personnel Director
Deborah Lally, Personnel Department
Miles Lance, Assistant City Attorney
Gerald Weimer, Assistant City Manager
Jeffrey Harper, Assistant Personnel Director
Robert Walker, Assistant City Attorney
Sid Klein, Police Chief
Joseph DeSantis
Louis Kwall, Esq., Attorney for DeSantis
Theresa DeSantis
Vito DeSantis
The meeting reconvened at 5:00 P. M.
1// /111
Page 1
Chairman Carwise allowed each party (Louis Kwall, Robert Walker, and Chief Klein) five minutes
to make their presentation.
Sid Klein, Police Chief, gave his reasons why Mr. DeSantis should be dismissed from the Clearwater
0 Police Department. It was his opinion that in view of the charges filed against Mr. DeSantis for'
several incidents involving use of excessive force, Mr. DeSantis should not wear a badge or carry a
revolver in any Police Department.
Robert Walker informed the Committee they could change the conclusions of law but not the
findings of fact determined by the Hearing Officer. Mr. Walker's stated when a police officer uses
excessive force which is no longer reasonable and necessary, he becomes the criminal. It is the
City of Clearwater's opinion that Mr. DeSantis was justly discharged from employment with the
City.'
Louis Kwall, attorney for DeSantis, once again stated his position that Mr. DeSantis should not be
dismissed from the force. Based on his past record as a good police officer and the fact lie was
never disciplined for the first offense in accordance with the Guidelines for Disciplinary Action,
he should be allowed to remain an employee.
Dr. Carwise questioned Mr. Kwall as to how Clearwater' citizens should expect to be treated by police
officers. Discussion ensued. Mr. Kwall reiterated to the Board they should not consider when
making their decision the two charges not sustained by the Hearing Officer. He requested
Dr. Carwise disqualify himself from voting.
Syd Snair moved to accept the. Hearing Officer's findings of facts and suspend Mr. DeSantis for
thirty (30) days. The motion was duly seconded by Mr. Keyser. Keyser and Snair voted "aye;"
Chenoweth, Williams, and Carwise voted "nay."
Tom Chenoweth moved to adopt the Hearing Officers Recommended Order as the Board's order and
order a penalty consistent therewith which would be termiruation. The motion was duly seconded
' 'by Johnnie Williams. Chenoweth, Williams,, and Carwise voted "ayc;" Keyser and Snair voted "nay."
„A
i.
..-'Proceedings of the Special Civil Service Board Meeting of May 26, 1987. Page 2
,-'(,',.'Louis Kwall requested a poll be taken' of the Board members to determine who considered the two
,-'(,',,,Louis
:charges not sustained by the Dearing Officer when making their ' decision. Chairman Carwise.
,',..`,would not,,entertain this request.
}:' • ,,The meeting adjourned at 5:52 P.M.
Respectfully. sabmtt
N.. ..•t
i."414 , :Michael " La rscn
`:'Personnel Director' at n
:.s:'''Searetary to the: Board
7,' t